UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MATTHEW FISCHLER,
Plaintiff/Class Representative,
CLASS ACTION COMPLAINT
JURY TRIAL DEMANDED
v. CASE NO. 96-1567 CIV
AMSOUTH BANCORPORATION, a
foreign corporation,
AMSOUTH BANK OF FLORIDA, N.A.,
a foreign corporation and
national banking association,
AMSOUTH BANK OF ALABAMA, N.A.,
a foreign corporation and national
banking association, and
AMSOUTH INVESTMENT SERVICES, INC.,
a foreign corporation,
Defendants.
_______________________________________/
CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL
In this Class Action Complaint, Plaintiff/Class
Representative, Matthew Fischler, brings this action on behalf of
himself and a Class consisting of:
All persons who were sold a non-depository investment
product on or from the premises of a bank operated by
AmSouth Bancorporation or its subsidiaries, or pursuant
to a referral from an employee of AmSouth Bancorporation
or its subsidiaries, during the period January 1, 1993,
through August 12, 1996, inclusive,1
and sues Defendants, AmSouth Bancorporation, a foreign corporation
and national bank holding company; AmSouth Bank of Florida, N.A.,
a foreign corporation and national banking association; AmSouth
Bank of Alabama, N.A., a foreign corporation and national banking
____________________
1 The proposed Class does not include officers, directors,
agents and employees of the Defendants or their predecessors,
affiliates, or subsidiaries, and the legal representatives, heirs,
successors and assigns of any such excluded person.
SNIPPETS:
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION MATTHEW FISCHLER,
AMSOUTH BANCORPORATION, a foreign corporation,
AMSOUTH BANK OF FLORIDA, N.A.,
a foreign corporation and national banking association,
AMSOUTH BANK OF ALABAMA, N.A.,
_______________________________________/ CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL
In this Class Action Complaint,
Representative, Matthew Fischler, brings this action on behalf of himself and a Class
and sues Defendants, AmSouth Bancorporation, a foreign corporation and national bank holding
The proposed Class does not include officers, directors, agents and employees of the
and AmSouth Investment Services, Inc., a foreign corporation and broker-dealer, demands trial
This Court has jurisdiction of this case or controversy pursuant to 28 U.S.C. § 1331, by
Venue lies in the Middle District of Florida pursuant to Section 27 of the 1934 Act, 15
This case or controversy is appropriately heard in the Tampa Division of the Middle District
The Plaintiff/Class Representative is a resident of and was sold a non-depository investment
The Bank Holding Company
AmSouth Investment Services marketed and sold non-depository investment products in and on
The Defendants embarked upon a common scheme to sell nondepository investment products to
Customers were switched into risky non-FDIC insured products with inadequate or no risk
The particular individual omitted material fact might vary; the common practice resulted in
the Defendants knew that customers like Mr. Fischler and class members were being
Mr. Fischler would not have bought the annuity had he been told the truth: That the penalty
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